Social Media: Ethics & Best Practices for Attorneys

Like financial professionals, attorneys bear the burden of using good sense and propriety online.  Would that everyone bore a similar burden! (but I digress).

Friday morning I co-facilitated a continuing education seminar for the Mecklenburg County Bar on social media with Andy Ciordia and Ted Claypoole . The attorneys asked great questions and the three of us presenting enjoyed the lively discussion.

Peppering his ethics guidance with jaw-dropping anecdotes of ethical lapses by legal professionals, Ted boiled everything down to four categories of concern:

• Talking too loosely
• Improper investigation (pretexting)
• Sites that don’t provide room for proper disclaimers (think: Twitter)
• Advertising Rules

I’m unqualified to say anything about legal ethics, but from a middle-aged lay person’s vantage point,  much of what Ted said seemed like common sense and good manners: don’t say anything about someone behind their back that you wouldn’t say to their face; don’t misrepresent yourself or your behavior; and don’t tell a judge you need a continuance because your father died if your Facebook page shows you were getting smashed at your college roommate’s wedding!

Advice for blogging, Facebook and Twitter

Andy and I showed several examples of what to do and not to do on the big three social media platforms:

Blogging: We didn’t need to dwell on the oft-repeated advice to publish frequently — they’d all heard it.  We took it further to show how you can subscribe to content feeds to supplement your own articles but also warned to keep non-pertinent content off your site. We showed an example of an otherwise-good blogsite by a divorce lawyer who inexplicably featured an article on SEO and Google.

Huh? Stick to your knitting.

Facebook: We see lots of lawyers using their personal FB profile as a professional site. Some even call it “The Family Law Firm of Jane Doe” or similar appellations — a big no-no and a violation of FB’s terms of service. FB created “Pages” for commercial use.  Go to my AUTHOR PAGE of FB and you’ll see how it differs from the personal.

Twitter: The main concern Andy and I expressed here is lack of engagement. Most of what we saw lawyers do is BROADCAST new blog posts or news of the firm. Blech. If you’re not engaging people on Twitter, don’t waste your time with it.

If you’re unsure where to take your social media marketing efforts, reach out. If I don’t have the answers, Andy or Ted will.

Presentation Note Taking

This morning I co-presented a workshop on social media for real estate agents with Andy Ciordia and Beth Griffiths.  The Broker In Charge asked us to provide the presentation in advance so that she could print it out for everyone to  take notes on.

This is what people ask you to do because they’re accustomed to death by PowerPoint. In such a death, the speaker lards the presentation with bullet points and basically reads them to the audience (like a first grade teacher at story time).

We don’t subject people to so-called presentations of this ilk.

Our presentations lend visual interest to what’s being said and reinforce the points.

Responding to the request

What did we do? We devised a handout for “guided note taking” that gave our audience questions and prompts to go with the slides.  For example, Stop thinking about “creating” traffic. With social media, it’s about “getting in front” of it. What are you doing to use web-based sites and tools to get people to notice you?

Try this technique next time and be sure to wind it down with a solid question like these:

• How many homes would I have to sell each month to pay for this service?
• How many more homes could I list/sell if I were doing this?

In case you’ve never seen this video on the proper use of PowerPoint (or any multimedia during a presentation) be sure to watch it here.

Strategy First, SPAM-Avoidance Second

WOW, it feels good when a stranger calls from two time zones away and says “Thanks to you I know everything I’ve been doing wrong.”

Disgusted by his email campaigns’ lousy open rate, he turned to Google. My blog posts kept turning up in his searches, where he learned that long subject lines with words like “Free” and “Limited Time Offer”  are surefire ways to shoot yourself in the foot.  YES, nice to know my blog is yielding high search rankings and helping people solve their problems.

He then went on to ask if I could write his email campaigns (double YES!)

Whiplash

Not so fast, Tam.  Turns out, he doesn’t know “who” his target market is or what triggers them to buy. A writer can’t get a foothold without that information. I can’t knowingly send a client’s money down the drain, and without a strategy, that’s what I’d be doing.

Although cliche, it’s nevertheless true: if you don’t know where you’re going, any road will get you there.

You’re Only Fooling Yourself

Last week, under the presumption of sending me St. Patrick’s Day greetings, I got this from a life insurance agent who likes to pose as a financial advisor:

St. Patrick’s Day is quickly approaching. Even if you’re not Irish, you still get an Irish Blessing to hold on to for the year.

May your pockets be heavy and your heart be light,

May good luck pursue you each morning and night.

This is also the week that I send one of my periodic checklists. Please take a second of time to check-off these questions. It could help reduce your taxes and provide new financial tips. That’s worth a second! Here is the checklist.

This is not a download or an attachment. It is a safeguarded link.

And here’s what I got in that safeguarded link:

Let’s break this down

First,using the elementary school holiday calendar as an excuse to send solicitations is disingenuous. I can see right through your ploy.

Second, when you say you’re providing me with a checklist that will help me reduce taxes and provide financial tips that’s what I expect. You lied.

Third, the visually wretched “checklist” leads with the setup that you are somehow helping ME  keep my “records current” when in reality it’s a lead generation form for YOU.

This kind of crappy communications gives the insurance sector a black eye.  You earned the Golden Retriever Crappy Communications Award for March, 2010.

Nuke the Bullets!

Great advice in this video on SUPPORTING your talk with a presentation (Powerpoint, Keynote, etc), not leaning on it.

Home Office Design Tips — From a Financial Advisor?

In my occasional series of crappy newsletters, here’s another, sent by a financial planner.

The only professional I want to get office design tips from is an interior designer or furniture vendor.

With financial reform and the worldwide economic meltdown on most everyone’s mind, sending a newsletter with fluff like this makes me question whether this advisor is in the loop or out to lunch. C’mon, talk to me about something you’re a credentialed expert in!

Oh, the money saving tips? Crap I could get from Reader’s Digest like take your lunch to work instead of eating out and get DVDs free at the public library instead of renting them. You must be kidding.

This is another fine example of sending something for the sake of sending something. This advisor needs an editorial calendar. Big Time.

Oh, and the last straw? She actually PAID a vendor to give her a proverbial communications black eye.

If your boilerplate requires you to disclaim giving financial advice, at least print some material that verges on the topic!

Sheesh.

Oriental Rugs & Business Writing

True story: I was once written up for using college level vocabulary on the job. Yes, it was in a written performance evaluation. No, I was not writing for a living at the time; was running a line of business. You might not guess that my employer was a bank, where most workers had some college and many had MBAs. Go figure. Just one of the reasons I’m forever freelance.

There’s a place for arabesques in writing — that place is usually literature or narrative nonfiction. When I write for business I’ve learned to use them sparingly (or link to the definition!).

Business writers need to err on the side of spartan communications. Well-written, engaging and action-oriented, while spartan.

Trim the fat

Teaching by example, I edited the opening sentences of this WordPress blog post to rid it of verbal flourishes and the loathsome passive voice. I kept “nascent” for the paragraph’s arabesque.

It is with extremely great pleasure that I point you to the first post at the new I’m pleased to introduce you to the WordPress Foundation site. Not only am I excited about the things that will happen under the auspices of the Foundation, I’m proud of what the Foundation will do, and excited to see a site running the 3.0 development version and the nascent theme called 2010.

In the edited post above, “extremely great pleasure” and “under the auspices of” belong in a royal decree, not a business message.

Boilerplate blight

Since business communications are usually intended to sell something — an idea, product, feeling or investment — stick with the big picture or high concept.

I’ll make my point visually, with Oriental rugs (below). The closeup on the left shows intricate detail, but you can’t see the whole rug, whereas the photo on the right gives you the big picture at the cost of the individual motifs.

There’s an ideal use for each photo. If you were a rug merchant who had to choose between the two, you’d use the larger one to entice your prospective client into the store to examine the design and craftsmanship. Same with business communications, which are ultimately designed to sell anything from a product to a feeling to an investment. The goal of written communications is usually to get people to make the next step, which might be making the purchase or calling for more information.

Financial communications often require the equivalent of both photos (detail and big picture). If you’re writing something with boilerplate requirements, write less and use visuals like sidebars, graphics and headers to keep the reader’s attention on your pitch and off the fine print.

Visual perspective

When you look at the closeup of the rug to the left, you know you’re not looking at the entire rug because there are enough visual cues that it’s a part of the whole (no border, no symmetry of design, etc).

The photo to the right might be the rug’s border or the entire rug, but if I had to guess, I’d say it was a closeup of the border because if it were the entire rug the right and left ends wouldn’t be chopped off.

This photo clearly shows the entire rug, but you have no way to know if it’ll fit in your dining room. If it had been photographed with a dog, human or piece of furniture — better yet, a dining room table and chairs — you’d have a clue.

Whole-brain communications note: this post taught about writing but did so in a visual manner.

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The Triumph of Snail Mail?

Although I write a lot about e-newsletters and social media communications I’m always on the lookout for merging them with old school direct mail. I was prepared to skip this WSJ article on direct mail because at first glance it pertained to retailers.  Then the article told of an insurance broker using humorous postcards (including the one above) to great effect and I stopped skimming. The broker told the WSJ that when he stopped sending postcards clients complained — many of them collected the cards  as “cubical art.” When he resumed his postcard campaign, he scored a $270,000 new account.

This reminds me of the days when computers replaced handwritten correspondence and press-on labels — I opened the printed envelopes first. But now the novelty of a handwritten address gets my attention. Same with email — the novelty has worn off and most of us are filtering, unsubscribing and otherwise purging senders from our busy lives.

The article offered this as best practice for snail mail:

The idea is to send something that’s more appealing than “junk” mail and potentially more noticeable than an email message, says Eric Anderson, a professor of marketing at Northwestern University’s Kellogg School of Management. That allows business owners “to offer a personal touch the larger firms may not be able to have,” he says.

How well do you know your tribe?

I’m all for using whatever works for your audience, your tribe. I recently read Crush It! by Gary Vaynerchuk, known to many as the Wine Library TV guy. He’s crushing it on social media, especially video, and shares both his philosophy and tactics in the book. I picked up a thing or two from Gary myself (once I slim down I might even try some video!).

On the other end of the spectrum, one of my clients’ tribe is not web savvy, so she takes extra pains to label hot spots on her website (“click here”) instead of relying on them to mouse over without a prompt.  She recently discontinued her printed newsletter, started a blog and sends an email with each blog post.  I, on the other hand, don’t want to clog my subscribers’ inboxes with each blog update — a monthly newsletter with links to the past month’s posts works for my tribe.

Let’s start a productive conversation. I shared my content recycling strategy here – what’s yours? Here’s a little something on email’s dominance over social media – is this the case for your business? Please share your experience combining any and all forms of business communications/channels/media.

PIMCO’s Ring of Fire

Scroll down for writing prompts, bloggers & newsletter writers.

In my occasional series of publicly (and respectfully) editing business writing, this time I offer unsolicited advice to PIMCO, a leading global investment management firm, which publishes respected and widely-read newsletters.

Today I read  The Ring of Fire, written Mr William H. Gross, a founder of PIMCO who oversees the management of more than $800b of fixed income securities (among many other things). It started off well enough with a personal reflection on his long and distinguished career and the careers of others, but I’d have shortened this part by a couple of paragraphs.

Then the segue:

There have been numerous changeups and curveballs in the financial markets over the past 15 months or so. Liquidation, reliquidation and the substituting of the government wallet for the invisible hand of the private sector describe the events from 30,000 feet. Now that a semblance of stability has been imparted to the economy and its markets, the attempted detoxification and deleveraging of the private sector is underway.  Having survived due to a steady two-trillion-dollar-plus dose of government “Red Bull,” Adderal or simply black coffee, the global private sector is now expected by some to detox and resume a normal cyclical schedule where animal spirits and the willingness to take risk move front and center. But there is a problem. While corporations may be heading in that direction due to steep yield curves and government check writing that have partially repaired their balance sheets, their consumer customers remain fully levered and undercapitalized with little hope of escaping rehab as long as unemployment is at 10-20% levels worldwide. “Build it and they will come” is an old saw more applicable to Kevin Costner’s Field of Dreams than today’s economy. “Say’s Law” proclaiming that supply creates its own demand is hardly applicable to a modern day credit-oriented society where credit cards are maxed out, 25% of homes are underwater, and job and income creation are nearly invisible.

OK, before you look at my table of edits below, ask yourself “What does he want me to know? What should I expect next?” Myself, I didn’t predict that he’d head into a global economic analysis since the segue focused exclusively on America. This isn’t fiction, or even narrative nonfiction,  Mr Gross, this is business writing. Point the headlights where you intend to steer the vehicle.

Surgical edits to what WAS written

I’ll say this, the article is full of writing prompts

My editing scalpel safely retired to the autoclave, I took some points from Mr Gross’ article to help bloggers and newsletter writers in search of a juicy topic.

• The PIMCO Ring of Fire includes the US, Japan and six European countries whose public debt is most likely to reach 90% of GDP (with an ensuing 1% fall in growth). If you look at the graph (a nice one) you’ll see that the countries identified as less likely than those in the Ring of Fire to stumble are Sweden, Germany, the Netherlands, Canada, Norway, Finland, Denmark and Australia. Mr Gross says these countries are “considered to be most conservative and potentially more solvent, with the potential for higher growth.” If you’re a Forex trader advisor or investor, does this have any bearing on your recommendations or holdings?

• Mr Gross argues for tilting growth-focused (and currency) assets toward countries like China, India and Brazil. What’s your position and why, advisors and investors?
  

• If you want to avoid developing economies, Mr Gross says look north to Canada, our more conservative neighbor (I wrote about this here). He also says to avoid the UK. How does this inform your investment strategy?
  

• Last year Denmark (one of the countries farthest from the Ring of Fire) was named “The happiest country on Earth” by social scientists at Blue Zones Project . ABC ‘s 20/20 story homed in on the social egalitarianism of Danes, who don’t derive great personal status from their job choices. “Denmark is what is called a ‘post consumerist’ society. People have nice things, but shopping and consuming is not a top priority. Even the advertising is often understated. Along with less emphasis on ‘stuff,’ and a strong social fabric, Danes also display an amazing level of trust in each other, and their government.”  Comment on what this might foretell about the path of American deleveraging– do the Danes lead you to believe the deleveraging Mr Gross describes might not be all that bad after all?

• While we’re on the subject, Danes pay some of the highest taxes in the world — between 50 percent and 70 percent of their incomes. In exchange, the government covers all health care and education, and spends more on children and the elderly than any country in the world per capita. What say ye about health insurance reform, Americans?

• In the most recent study of happiness, directed by University of Michigan political scientist Ronald Inglehart and administered from Stockholm, “the survey found that freedom of choice, gender equality, and increased tolerance are responsible for a considerable rise in overall world happiness. The results shatter the more simplistic and traditionally accepted notion that wealth is the determining factor, says Inglehart.”  Is it possible that we Americans can learn to see ourselves — and each other — differently after this shared economic hardship?

Where’s the News in Your Newsletter?

My inbox is clogged with so-called newsletters from people who must have made a resolution to “communicate more” or “do more marketing” in 2010.

Most of them are, in a word, crap.

In two words, self serving.

In three words, not worth reading.

Win a lifetime gift certificate for my services

If you can find the “news” in this “newsletter” I’ll work for you for the rest of my life for free!

(Redacted) brings proven, practical solutions to business challenges with a clear focus on the bottom line. We represent (verbal diahrrea). Our Practice Areas include:

CONSULTING and TRAINING (8 bullets)

COACHING (4 bullets)

If you’ve read this far you’re one in a million.

CAREER TRANSITION (2 bullets)

SALES PERFORMANCE AND REVENUE GROWTH (5 bullets)

(Redacted) mission is to assist organizations in developing and sustaining inclusive environments where all employees can do their best work (blah blah blah).

We work with organizations (yada yada yada).

If you’ve read this far you’re one in a billion.

An advertisement lodged into a newsletter template

This is  best described as an awful ad or an internal document designed to remind the staff who they are and what they do. Releasing it to the public is a sure way to lose subscribers or gain a reputation with your service provider as a spammer.

Not sure what to write about?

Afraid you’ll run afoul of federal CAN-SPAM regs?

Anything I can do to help? 704-907-2811

Best advice: ask yourself, “Would I read this if it came from someone else?” The sender of this advertisement would surely have to answer “No.”

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